4-26-5.1 - Definitions -- Qualified landowners' and qualified adjoining landowners' partition fences -- Contribution -- Civil action for damages. - Utah Statutes

4-26-5.1. Definitions -- Qualified landowners' and qualified adjoining landowners'partition fences -- Contribution -- Civil action for damages.
(1) As used in this section:
(a) "Qualified adjoining landowner" means a private landowner whose land adjoins theland of a qualified landowner and is used for grazing livestock or as habitat for big game wildlifeand:
(i) is land which qualifies under the definition of "conservation easement" as defined inSection 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
(b) "Qualified landowner" means a private landowner whose land is used for grazinglivestock and:
(i) is land which qualifies under the definition of "conservation easement" as defined inSection 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
(2) A qualified landowner may require the qualified adjoining landowner to pay for 1/2of the cost of the fence if:
(a) the fence is or becomes a partition fence separating the qualified landowner's landfrom that belonging to the qualified adjoining landowner;
(b) the cost is reasonable for that type of fence;
(c) that type of fence is commonly found in that particular area; and
(d) the construction of the fence is no more expensive than the cost for posts, wire, andconnectors.
(3) If the qualified adjoining landowner refuses, the qualified landowner may maintain acivil action against the qualified adjoining landowner for 1/2 of the cost of that portion of thefence.
(4) The cost of the maintenance of the fence shall also be apportioned between each partybased upon the amount of land enclosed. A party who fails to maintain his part of the fence isalso liable in a civil action for any damage sustained by the other party as a result of the failure tomaintain the fence.

Enacted by Chapter 331, 2004 General Session